Wechsler v City of Sydney Council [2014] NSWLEC 201

Land and Environment Court New South Wales

Medium Neutral Citation: Wechsler v City of Sydney Council [2014] NSWLEC 201 Hearing dates: 15, 16 December 2014 Date of orders: 19 December 2014 Decision date: 19 December 2014 Jurisdiction: Class 1 Before: Craig J Decision: 1. Extend time to appeal under s 56A of the Land and Environment Court Act 1979 from the decision of Commissioner Morris given on 3 July 2013 to 30 September 2014. 2. Grant leave to appeal in respect of grounds 1 and 2 of the Grounds of Appeal nominated in the Applicant's Amended Summons seeking leave to appeal and filed on 4 November 2014. 3. Costs of the application for leave to appeal be costs in the proceedings. 4. Exhibits on the Motion may be returned. 5. Stand over the proceedings to 2.00pm today before me for directions. Catchwords: APPEAL – application to extend time for filing of appeal under s 56A of the Land and Environment Court Act 1979 (NSW) – appeal directed to denial of procedural fairness – whether procedural fairness ground of appeal indicative of a fairly arguable case – extent of prejudice occasioned to the Council –potential injustice to applicant if denied an extension of time – extension of time granted Legislation Cited: Environment Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Land and Environment Court Rules 2007 (NSW) Uniform Civil Procedure Rules 2004 (NSW Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147; 201 LGERA 116 Jingalong Pty Ltd v Todd [2014] NSWCA 330 Segal v Waverley Council [2005] NSWCA 310; 64 NSWLR 177 Wechsler v City of Sydney Council [2013] NSWLEC 1116 Category: Procedural and other rulings Parties: Robert Wechsler (Applicant) City of Sydney Council (Respondent) Representation: Counsel: